SB 2513

This bill requires the department of labor and workforce development ("department""), in consultation with the division of occupational safety and health (""division""), to establish a reporting system for workplace fatalities and requires such workplace fa talities to be reported within 24 hours. As used in this bill ""workplace fatality"" means the death of an employee occurring on-site during work hours or as a direct result of workplace conditions. Failure to report a workplace fatality within 24 hours res ults in a civil penalty of at least $50, 000 per violation. INVESTIGATION This bill requires the division to initiate an investigation of a workplace fatality within five business days of its reporting. The division must determine if the workplace fatality was due to employer negligence, an unavoidable medical emergency unrel ated to workplace conditions, or a true accident without identifiable employer fault. As used in this bill, ""negligence"" means a failure to exercise reasonable care in maintaining workplace safety, as determined by a division investigation. The findings o f the division's investigation must be reported within 90 days of completion. Any finding of negligence may be appealed by the employer within 30 days of receiving the final investigative report. PENALTIES If the division determines that a workplace fatality resulted from employer negligence, then this bill requires the employer to be subject to a fine of at least $250, 000 for each fatality and any additional fines based on the severity of the violation. On or after July 1, 2026, this bill requires the department of economic and community development to include a claw back provision in an accountability agreement that the department of economic and community development enters into with an employer in th is state that require s an employer to repay incentives received if the employer is found in violation of workplace safety regulations and such violation resulted in a workplace fatality . As used in this bill, ""accountability agreement"" means any agreement between an employer and the department of economic and community development that includes incentives, tax abatements, or other economic development benefits . If the division determines that a workplace fatality resulted from employer negligence, then an employer with an accountability agreement must repay any state-provided incentives received during the last three fiscal years. If the employer demonstrate s a pattern of negligence resulting in multiple workplace fatalities, then the employer is prohibite d from receiving state economic incentives for at least five years. WORKER PROTECTION FUND This bill establishes the worker protection fund, consisting of moneys collected from the penalties and fines described in this bill. Moneys in the fund must only be used to effectuate this bill and do not revert to the general fund. WORKERS' COMPENSATION Present law provides the compensation amounts for cases of death of an employee covered under the Workers' Compensation Law. This bill clarifies that the total amount of compensation must be not capped or limited, including by prohibiting compensation f rom exceeding the maximum total benefit. RULEMAKING This bill authorizes the department to promulgate rules to effectuate this bill, including mechanisms for whistleblower protections for employees reporting unsafe working conditions."